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H. B. No. 258 As IntroducedAs Introduced
|130th General Assembly|
Representatives Becker, Grossman, Hood, Retherford, Roegner, Wachtmann
To amend section 4725.40 and to enact section
4725.411 of the Revised Code regarding licensed
spectacle dispensing opticians.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4725.40 be amended and section
4725.411 of the Revised Code be enacted to read as follows:
Sec. 4725.40. As used in sections 4725.40 to 4725.59 of the
(A) "Optical aid" means both of the following:
(1) Spectacles or other instruments or devices that are not
contact lenses, if the spectacles or other instruments or devices
may aid or correct human vision and have been prescribed by a
physician or optometrist licensed by any state;
(2) Contact lenses, regardless of whether they address visual
function, if they are designed to fit over the cornea of the eye
or are otherwise designed for use in or on the eye or orbit.
All contact lenses shall be dispensed only in accordance with
a valid written prescription designated for contact lenses,
including the following:
(a) Zero-powered plano contact lenses;
(b) Cosmetic contact lenses;
(c) Performance-enhancing contact lenses;
(d) Any other contact devices determined by the Ohio optical
dispensers board to be contact lenses.
(B) "Optical dispensing" means interpreting but not altering
a prescription of a licensed physician or optometrist and
designing, adapting, fitting, or replacing the prescribed optical
aids, pursuant to such prescription, to or for the intended
wearer; duplicating lenses, other than contact lenses, accurately
as to power without a prescription; and duplicating
nonprescription eyewear and parts of eyewear. "Optical dispensing"
does not include selecting frames, transacting a sale,
transferring an optical aid to the wearer after an optician has
completed fitting it, or providing instruction in the general care
and use of an optical aid, including placement, removal, hygiene,
(C) "Licensed dispensing optician" means a person holding a
current, valid license issued under sections 4725.47 to 4725.51 of
the Revised Code that authorizes the person to engage in optical
dispensing. Nothing in this chapter shall be construed to permit a
licensed dispensing optician to alter the specifications of a
(D) "Licensed spectacle dispensing optician" means a licensed
dispensing optician authorized to engage in both of the following:
(1) The dispensing of optical aids other than contact lenses;
(2) The dispensing of contact lenses in accordance with
section 4725.411 of the Revised Code.
(E) "Licensed contact lens dispensing optician" means a
licensed dispensing optician authorized to engage only in the
dispensing of contact lenses.
(F) "Licensed spectacle-contact lens dispensing optician"
means a licensed dispensing optician authorized to engage in the
dispensing of any optical aid.
(G) "Apprentice" means any person dispensing optical aids
under the direct supervision of a licensed dispensing optician.
(H) "Prescription" means the written or verbal directions or
instructions as specified by a physician or optometrist licensed
by any state for preparing an optical aid for a patient.
(I) "Supervision" means the provision of direction and
control through personal inspection and evaluation of work.
(J) "Licensed ocularist" means a person holding a current,
valid license issued under sections 4725.48 to 4725.51 of the
Revised Code to engage in the practice of designing, fabricating,
and fitting artificial eyes or prostheses associated with the
appearance or function of the human eye.
Sec. 4725.411. A licensed spectacle dispensing optician may
dispense contact lenses if the only action necessary is to match
the description of the contact lenses that is on the packaging to
a written prescription.
Section 2. That existing section 4725.40 of the Revised Code
is hereby repealed.